The FCRA is not a classic employment law, but regulates the procurement and use of background checks by employers. The plaintiffs’ bar has been flooding the courts with class action lawsuits asserting technical violations of the FCRA's requirements.
On June 7, 2017, a plaintiff brought a putative class and collective action for alleged wage and hour law violations. Some claims are based on a DOL overtime rule that was enjoined and never took effect.
As a result of the Supreme Court’s recent decision to address whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar pending cases will be held in abeyance.
On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements.
The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. What will a Trump win mean for employers?
The Ninth Circuit has held that an arbitration agreement that required employees to bring claims in “separate proceedings”, thereby prohibiting class and collective actions, violated the employees’ right to engage in concerted activity under the NLRA.
The 7th Circuit has found that a company's arbitration agreement, which prohibits employees from participating in “any class, collective or representative proceeding,” violated the employees’ right to engage in concerted activity under the NLRA.
On May 16, 2016, the Supreme Court issued its long-awaited opinion in Spokeo, Inc. v. Robins, a case raising the procedural question whether any and all violations of a federal statute are sufficient for a plaintiff to file a lawsuit in federal court.
On March 1, 2016, the Wisconsin Supreme Court clarified the circumstances under which employees’ pre- and post-shift donning and doffing constitutes compensable work.